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Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works Publication (copyright), published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law (and United States patent law, patent law) under Article I, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Columbia University
Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church (Manhattan), Trinity Church in Manhattan, it is the oldest institution of higher education in New York (state), New York and the fifth-First university in the United States, oldest in the United States. Columbia was established as a Colonial colleges, colonial college by royal charter under George II of Great Britain. It was renamed Columbia College (New York), Columbia College in 1784 following the American Revolution, and in 1787 was placed under Trustees of Columbia University in the City of New York, a private board of trustees headed by former students Alexander Hamilton and John Jay. In 1896, the campus was moved to its current location in Morningside Heights and renamed Columbia University. Columbia is organized into twenty schoo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown Bag Software V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing and painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. In the RYB color model, brown is made by mixing the three primary colors, red, yellow, and blue. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with fecal matter, plainness, the rustic, although it does also have positive associations, including baking, warmth, wildlife, the autumn and music. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kmart (United States)
Kmart ( ), formerly legally registered as Kmart Corporation, now operated by Transformco, is a department-store chain and online retailer in the United States and Territories of the United States, its territories. It operates four remaining Kmart Big-box store, big-box department stores — three in the US Virgin Islands and one in Tamuning, Guam. The company closed its last big-box store in the mainland United States in 2024. A smaller location remains open in the former garden centre, Garden Shop of its Kendale Lakes, Florida, Kendale Lakes, Florida (Miami postal address) store, while the adjoining big box building is occupied by another retail chain that has leased the space. Before 2018, Kmart owned and operated a much larger chain of its namesake stores. The company is headquartered in Hoffman Estates, Illinois, United States. The company was incorporated in 1899 as S. S. Kresge Corporation and renamed Kmart Corporation in 1977. The first store with the Kmart name opened i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halloween Mask
A rubber mask is one made of rubber such as latex or silicone, or a soft plastic like polyvinyl chloride, as a form of theatrical makeup or disguise. Typically, such masks are designed to be pulled over the head, or cover only the wearer's face and are supported in the back by ties or a strip of elastic. Rubber masks are commonly associated with Halloween costumes, when they may be called Halloween masks. History In 1938, Don Post, also known as "The Godfather of Halloween", had a significant role in coming up with some of the very first over-the-head latex masks and became a staple in the history of rubber masks and Halloween merchandising, creating and selling carnival masks that were lightweight and held their shape. In the 1970s, Don Post Studios created licensed masks for franchises such as ''Planet of the Apes'', ''Star Wars'' and the Universal Classic Monsters. In the early 1960s, his son Don Post Jr. took over the company, allowing it to take focus on the Hal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nimmer On Copyright
''Nimmer on Copyright'' is a multi-volume legal treatise on United States copyright law that is widely cited in American courts, and has been influential for decades as the leading secondary source on American copyright law. The work was originally published in 1963 by Melville Nimmer, and was for several decades the only significant treatise in United States copyright law. In 1985, Melville's son David Nimmer took over updates and revisions to ''Nimmer on Copyright''. The work is routinely cited by domestic and foreign courts at all levels in copyright litigation, and within the United States in at least 2500 judicial opinions. The United States Copyright Office held a special celebration on May 6, 2013, in honor of the 50th anniversary of the publication of ''Nimmer on Copyright''. Similarly, the Copyright Society of the U.S.A. published a special issue of the ''Journal'' dedicated to the 50th anniversary, in Winter 2013.F. Jay Dougherty, "A Story of Two Anniversaries: Nimm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Marshall Carter
James Marshall Carter (March 11, 1904 – November 18, 1979) was a United States federal judge, United States circuit judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States district judge of the United States District Court for the Southern District of California. Education and career Born on March 11, 1904, in Santa Barbara, California, Santa Barbara, California, Carter received an Bachelor of Arts, Artium Baccalaureus degree from Pomona College in 1924. He attended Harvard Law School before he received a Juris Doctor from University of Southern California Law School in 1927. He was in private practice of law with John C. Packard in Los Angeles, California from 1928 to 1940. He was a teacher at the Police School of the Los Angeles Board of Education in California from 1934 to 1935. He was Director of the State Department of Motor Vehicles in Sacramento, California, Sacramento, California from 1940 to 1942. He was in private practice o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Judge
In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade. Federal judges are not elected officials, unlike the president and vice president and U.S. senators and representatives. They are nominated by the president and confirmed by the Senate. The Constitution gives federal judges life tenure, and they hold their seats until they die, resign, or are removed from office through impeachment. The term "federal judge" may also extend to U.S. magistrate judges or the judges of other federal tribunals within the judiciary such as the U.S. Bankruptcy Courts, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Armed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roth Greeting Cards V
Roth may refer to: Places Germany * Roth (district), in Bavaria, Germany ** Roth, Bavaria, capital of that district ** Roth (electoral district), a federal electoral district * Rhineland-Palatinate, Germany: ** Roth an der Our, in the district Bitburg-Prüm ** Roth bei Prüm, in the district Bitburg-Prüm ** Roth, Altenkirchen, in the district of Altenkirchen ** Roth, Bad Kreuznach, in the district of Bad Kreuznach ** Roth, Rhein-Hunsrück, in the district Rhein-Hunsrück ** Roth, Rhein-Lahn, in the district Rhein-Lahn-Kreis France * Roth, Moselle, a village in the commune of Hambach, Moselle United States * Roth, Illinois, a community * Roth, North Dakota, a community * Roth, Virginia, a community Rivers * Roth (Danube), a river of Bavaria, Germany, tributary of the Danube * Roth (Rednitz), a river of Bavaria, Germany, tributary of the Rednitz * Roth (Zusam), a river of Bavaria, Germany, tributary of the Zusam * Rot (Apfelstädt), a river also called Roth, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire''; both pronounced ) is a scene in a work of fiction which is almost obligatory for a work in that genre. In the United States, it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre, a principle which has been expanded to cover other fields such as software development. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a deadly woman, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about police work in the South Bronx would need to feature stereotypical elements such as drunks, prostitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
